IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090010267
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his reentry (RE) code.
2. The applicant states, in effect, he is unaware of why he received an RE-3 code when he in fact received an honorable discharge. He further states that when discussing a possible reenlistment with a recruiter, he was told they were not doing waivers for RE-3 codes.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the Regular Army (RA) and he entered active duty on 13 January 2004. He was trained in, awarded, and served in military occupational specialty (MOS) 13B (Cannon Crewmember).
2. The applicant's record shows that on 7 October 2008, he was selected for reassignment to Fort Bliss TX, which required him to have a minimum of
13 months remaining service beyond his expiration term of service (ETS) date, which was 14 February 2009. After being advised of the options available to him to acquire sufficient remaining service to satisfy the reassignment commitment, the applicant declined to take the necessary action to meet the length of service remaining requirement. He was then advised that his failure to comply with the commitment would prohibit him from reenlisting or extending his enlistment. He was further informed that he could be eligible to join the Reserve Component (RC).
3. After being counseled on the negative impact, the applicant completed a DA Form 4991-R (Declination of Continued Service Statement (DCSS)). He authenticated the DCSS with his signature in Section B (Soldier's Acknowledgment of Counseling) on 7 October 2008. The document was further witnessed by a service representative who confirmed the applicant was properly counseled on the negative impact of his decision.
4. On 14 February 2009, the applicant was honorably released from active duty (REFRAD), in the rank/grade of sergeant (SGT)/E-5, under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), by reason of completion of required service. The DD Form 214 he was issued shows he completed a total of 5 years, 1 month, 2 days of active military service, and that he was assigned a Separation Program Designator (SPD) code of MBK and an RE code of RE-3.
5. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214. It stipulates that the SPD code of MBK will be assigned to Soldiers separated under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required service, who have a DCSS in force and are REFRAD and transferred to the RC. The Department of the Army SPD/RE Cross Reference Table indicates that Soldiers separated under the provisions of chapter 4, Army Regulation
635-200 who receive the SPD code of MBK will receive an RE code of RE-3 or RE-1. It further stipulates, in pertinent part, that when a Soldier's record indicates he has a DCSS in force RE-1 will be disregarded and the RE-3 code will be assigned.
6. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (USAR). Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes. RE-4 applies to persons who have a nonwaivable disqualification. RE-3 applies to persons who have a waivable disqualification.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the RE code of RE-3 he was assigned upon his REFRAD should be changed because he was honorably discharged from the
RA was carefully considered. However, by regulation, an RE-3 is the proper code to assign members REFRAD at the completion of their required active service when a DCSS is in force.
2. The evidence of record confirms the applicant declined to take action to acquire the remaining service necessary to meet the length of service requirement for reassignment and he signed a DCSS on 7 October 2008. The DCSS was in force at the time of his REFRAD on 14 February 2009. As a result, there is no evidence of error or injustice related to the RE-3 code he was assigned upon his REFRAD. Therefore, the RE-3 code assigned at the time of his separation was and remains valid and there is an insufficient evidentiary basis to support changing it at this time.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090010267
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ABCMR Record of Proceedings (cont) AR20090010267
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